LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abhi Sukal   12 August 2021

whether Anticipatory bail application under Sec. 7 and sec.12 of Prevention of corruption act is maintainable before District judge And additional sessions judge ?

whether Anticipatory bail application under Sec. 7 and sec.12 of Prevention of corruption act is maintainable before District judge And additional sessions judge ?


Please Suggest with Case law ..


Learning

 1 Replies

minakshi bindhani   29 September 2021

As per your concerned query!

Section 438 of the CrPC makes it clear that anticipatory bail or advance bail petitions could be filed only before a court of sessions or a High Court. Since a special court acts as a Magistrate court during the initial stages of taking cognizance of a case and performs the duty of a sessions court only during trial, it was not empowered to entertain a plea for anticipatory bail. The Madras High court held that in a decision V.Sridharan vs State on 25 October, 19

Hope it clarifies the issues

Regards

Minakshi Bindhani


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More


Post a Suggestion for LCI Team
Post a Legal Query